Neutral Citation No. - 2025:AHC:68204 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2673 of 2025 Applicant :- Saleem Babu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Haider Rizvi,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicants, Sri Ramendra Pal Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicants, Saleem Babu and Fardeen, seeking enlargement on bail in Case Crime No. 842 of 2024, under Section 3/5/8 of Cow Slaughter Act, P.S.- Bhojipura, District- Bareilly, during pendency of the trial in the Court below. 3. The allegation made in the FIR is that on 22.11.2024 at about 16:49 hours, the police has arrested the four accused persons from the spot whereas the other accused persons including the applicant have ran away from the spot and thereafter police has recovered one weighing machine and iron weight of 1 kg. and 500 gram and one iron axe from the possession of applicant no. 1 Saleem Babu and cloth bag containing one iron knife from the possession of applicant No. 2 Fardeen. 4. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this case crime number and are languishing in jail since 12.12.2024. Applicant No. 1 has criminal antecedent of one case, which has been explained in para 18 of the affidavit and applicant no. 2 has no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicants are not named in the FIR. Their name have come into the light during course of investigation by the police. They have not been arrested from the spot and no cow progeny or any article has been recovered from them. The investigation of this case is going on but till date no charge sheet has been filed against the applicants. The applicants did not commit any alleged offence and they did not slaughter the cow or its progeny. Hence, bail has been prayed for. 5. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicants, Saleem Babu and Fardeen, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 29.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad